Insights & News

When a plaintiff files a lawsuit in Virginia, the defendant is served with a complaint and given a specific period to respond. But what happens when a defendant simply fails to answer? The result can be a default — and ultimately a default judgment — that resolves the case entirely in the plaintiff’s favor without a trial on the merits.  What Is a Default in Virginia Courts?  In Virginia, a default occurs when a defendant who has been properly served with process fails to file a responsive pleading within the time permitted by law. In circuit court, a defendant generally has 21 days after service to file an answer or other responsive pleading. If […]

When a lawsuit is filed, the defendant’s first instinct is often to fight back — but not every case deserves a full-blown defense on the merits. In Virginia, one of the most powerful early tools available to a defendant is the motion to dismiss, which asks the court to throw out all or part of the plaintiff’s case before discovery even begins. Understanding how a motion to dismiss works in Virginia is essential for both plaintiffs drafting their complaints and defendants evaluating their options.  What Is a Demurrer in Virginia?  In Virginia circuit courts, the procedural mechanism for challenging the legal sufficiency of […]